Friday, January 17, 2014
Casey Anthony and Baby Ayla
What do we know about the Baby Ayla case?
What is it that prosecution must overcome in order to gain justice for Ayla?
It is what is known that must be transmitted to a jury (or a judge) which means adequate understanding must be realized by someone in judgement; likely a jury. This poses an element that we have only recently, in our generation, come to question in a new way.
We know that just before reporting his daughter missing, Justin DiPietro took out a life insurance policy, not for his children, but against one of his two children. This he did, while unemployed, and would financially benefit from Ayla's death.
Weeks later, he reported her missing.
This would appear to be a very straight forward motive for prosecutors to work with. The amount of money DiPietro stood to gain is something they can show using Maine's economy as a reference point, and show that he would, in this standard, make more money than he had ever seen before. The prosecution could even tie this, via suggestion, to the drug trade.
A motive is not required for a jury, but it helps.
The prosecutor could allow the jury to hear the 911 call, which, apparently, law enforcement believed was significant enough to not only withhold from the public, but to allow Trista Reynolds, Ayla's mother, to hear privately.
Although not admissible in court unless all parties agree, the failed polygraphs are part of what we know about the case.
We know that prior to Ayla's demise, she suffered a series of injuries which suggest child abuse at the hands of her father. We know about it, but is it something that prosecution wishes to press? After all, if a motive is financial gain from the insurance policy, why show the pattern of child abuse? Ayla's arm was broken by Justin DiPietro, who did not seek timely medical care, claiming to have not known. Ayla had a black eye, in which DiPietro gave a dubious explanation about, saying the toddler "got into a fight" at the 'ball pit' of a child's restaurant, which we later learned had no such ball pit to play in.
Ayla reportedly had leg injuries, consistent with wrenching during diaper changing.
If the motive is financial, why might it be useful to use this information to persuade a jury?
It is something that shows depraved indifference, that can grow with time, as desensitization takes over. It is something that might help a juror's queasy stomach digest what the love of money can do to a chronically unemployed or underemployed arrogant bully type, who believes he is entitled to what does not belong to him.
It might help.
We know, as a jury must, that there was a trail of blood that was more than any of us knew, that was cleaned up by DiPietro, and no reasonable explanation was given.
By now, I'm convinced.
Herein lies the two challenges faced by the State:
I. Plurality of Suspects
II. Casey Anthony
I. Plurality of Suspects
Maine State Police deliberately stated that the three adults in the home, Justin DiPietro, his sister Elisha, and his girlfriend, Courtney Roberts, were all lying about what befell Ayla. This was a weak attempt to publicly split them, so that one, at least, would tell the truth.
They should have arrested one of them, or better yet, removed Elisha's child from her custody.
Objection: unfair and unAmerican.
Answer: if police had evidence that a toddler, under the roof where Elisha was, came to foul play and has died, and Elisha is in a cover up for the perpetrator, her own child is in a state of jeopardy as to her safety and well being. If one has such depraved indifference to the plight of a child, the person cannot be trusted with another child. Period.
The State could have either arrested one of the three (remember, Justin DiPietro has given a few opportunities for such), or all three.
If Courtney Roberts and Elisha DiPietro were both facing not only incarceration, but loss of their own children, they would not have allowed it to continue for Justin DiPietro's sake.
These are not mastermind criminals.
To date, I do not understand how it is the two mothers have custody of their children. Three suspects represents an easy break: at least one will talk.
Note that these are selfish people; at least this can be said for the DiPietro's, who did not mind putting money into the equation. Remember: not only do we see the money of the life insurance policy against a child, but we also know that custody of a child is free money in Maine's welfare system. Justin DiPietro did not like the prospects of paying child support to Trista Reynolds for the upcoming 16 years of Ayla's life. Courtney Roberts' own sister had a drug cache taken from her apartment (an apartment Courtney was at, as likely was Ayla) and so money, in the amount of the life insurance policy, was significant and more than a little bit relevant.
There are lesser charges, including obstruction, child abuse, failure to report, and so on.
There had to be a better strategy to split them than the press release about them lying...there had to be better ideas than that one.
Before going through with prosecution, they should seek the split the three via arrests. Cold, sobering facts to those who may be allergic to work should have been used previously, but it is not too late.
Best to go to prosecution against one, but to pare down the three, stronger tactics should be employed.
II. Casey Anthony
There has been a realization among Americans that, indeed, the dumbing down of our generation has been acute.
Lowering standards and egalitarian folly have not changed the inevitable down slide of entitlement and blame shifting. Teachers have been ham strung against holding children accountable and while we spend money building gender free bathrooms, children have not learned to read or to think for themselves. The nanny state, which promises secure social living from cradle to grave has produced what it has produced...
the Casey Anthony jury.
When the Baby Ayla case had first broken, I wrote that a jury in Maine would not be like the Casey Anthony jury...
pride in tact, foot in mouth, the posting of statistics on the average Mainer was a slap in the face of reality, and prosecutors likely well knew it: they would be facing a jury of those who cannot think rationally or logically, would likely struggle to follow an argument, and who could recite "if it don't fit, you must acquit" far better than any of us would care to admit.
There is the running joke in China:
"What do you call someone who speaks two language? Answer? Bi-lingual.
What do you call someone who speaks three languages? Answer? Tri-lingual.
But what do you call someone who only speaks a single language?
Answer: An American."
We have college graduates who could not pass an 8th Grade English grammar test today, and our math and science scores are shown to be less than other countries around the world, including China. Teachers can't teach because parents all want their little ones to be responsible for nothing. The kids can text, but they cannot write.
You might want to consider reading this even as you wonder about the ability of law enforcement to write a report.
We have more people on public disability than the entire population of the nation Greece, as the American Disability Act has caused the monumental upswing in numbers, which shows no let up. Our debt has risen as our test scores have fallen with nothing on the horizon that suggests change. There is an entire 'nation' of the entitled, who make demands upon others, and have become self advocates for self advocacy, with all else be damned. They want more and more after that, balancing the checkbook notwithstanding. This has crept into the consciousness and has become part of a personality.
We are ignorant.
Prosecutors know that they face, not geometric logic, but emotionalism and the possibility of facing a Joe Tacopina who may decide that the publicity up here is worth the time invested to do what Jose Baez did: confuse a jury.
It would not be difficult.
Tacopina, and others like him, are masters at tangents. Like Goebells before them, they don't mind repeating a lie a thousand times until it becomes 'truth' in the eyes of the masses. The only time Tacopina muzzles himself is when he is unable to control the interview, then, and only then, he ends the show. (see Gerry Rivers radio show)
Lawyers in Maine have a reputation for being just a tad pedantic and hold to an artificial caste system in which not only do they feel 'above' non-lawyers, but within their own pecking order, state attorneys often project some serious anxiety about going up against their private sector counter parts. It makes for lots and lots of deals in Maine.
DiPietro knows that people are sentenced more for illegally hunting a deer than harming a child. He is not very intelligent in the sense that he took out the policy against one of his children, not both, and he telegraphed his plans by silly text messages to Trista about "worrying" someone might "kidnap" Ayla...
you know, how like kidnapping happens almost every day in Maine?
Justin DiPietro is a good example of what prosecutors might actually find...
in a jury.
Bristling, entitled, churlish, lazy, self centered with chronic attention deficits.
They will have to speak in short sentences.
They will have to avoid complex sentences and thoughts.
They will need simplicity at its best.
There will always be the claim that "we get one shot at this" after telling the family first that they "needed the body", yet this is now passed any time where the body might yield much forensically. They've got to press common sense.
They must keep it simple.
Although the thought of a deal may have been anathema early in this case, I wonder if family (and those hoping for justice for Ayla) would, by this time, welcome a plea deal should prosecutors consider a strong tactic against one of the Waterville three.
It can be done. The idea of getting "one shot" at justice should not be taken as not even getting up to the plate to take a swing.
I am not of the school that no justice is better than missed justice; at least not in this case.
Even for the 'low information' juror,
how many single, unemployed fathers do you know who have taken out life insurance not for, but against only one of his children who then had her go "missing."?
Yeah, that's what State Farm investigators are asking each other.
It's not that complicated. It can work. They need to step up to the plate.
Trista Reynolds needs this, and the citizens of Maine, and people who love justice around the country are all watching and waiting.
Ayla Reynolds' name is best honored by bringing justice for her death.